Rule 96.05.Petition--Contents.

Rule 96.05 sets the ground rules for drafting the document that starts a partition case. Because a partition judgment can end up dividing land or distributing sale proceeds among many different owners, the petition has to give the court and every party a clear picture of exactly what is being divided and who has a claim to it.

First, the petition must include the legal description of the land — not a street address or a casual description, but the precise description used to identify the parcel for recording and title purposes. This description becomes the foundation for everything that follows: the commissioners’ report, any sale, and the deed a buyer eventually receives.

Second, the petition must set out the names, rights, and title of everyone who has an interest in the property. This is not limited to the people bringing the suit; it covers every interest holder the plaintiff knows about, so the court can determine at the outset who is entitled to what share.

The rule also anticipates the messier cases. If someone’s share or interest is unknown, uncertain, or contingent — or if ownership depends on an executory devise, or a remainder is itself contingent — the petition has to say so. That disclosure alerts the court to situations where Rule 96.04’s representation and appointed-counsel provisions may come into play, and it keeps the case from proceeding as though every interest were simple and settled when it is not.